Substitute House Bill No. 5296
Substitute House Bill No. 5296
PUBLIC ACT NO. 98-209
AN ACT CONCERNING WATER RESOURCE PROGRAMS OF THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, MOTORBOAT
NOISE, A FLOOD CONTROL SYSTEM AT LAKE PHIPPS AND
THE BROOKFIELD WATER COMPANY.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsections (b) and (c) of section
22a-430 of the general statutes are repealed and
the following is substituted in lieu thereof:
(b) The commissioner, at least thirty days
before approving or denying a permit application
for a discharge, shall publish once in a newspaper
having a substantial circulation in the affected
area notice of (1) the name of the applicant; (2)
the location, volume, frequency and nature of the
discharge; (3) the tentative decision on the
application, and (4) additional information the
commissioner deems necessary to comply with the
federal Clean Water Act (33 USC 1251 et seq.).
There shall be a comment period following the
public notice during which period interested
persons and municipalities may submit written
comments. After the comment period, the
commissioner shall make a final determination
either that (A) such discharge would not cause
pollution of any of the waters of the state, in
which case he shall issue a permit for such
discharge, or (B) after giving due regard to any
proposed system to treat the discharge, that such
discharge would cause pollution of any of the
waters of the state, in which case he shall deny
the application and notify the applicant of such
denial and the reasons therefor, or (C) the
proposed system to treat such discharge will
protect the waters of the state from pollution, in
which case he shall, except as provided pursuant
to subsection (j) of this section, require the
applicant to submit plans and specifications and
such other information as he may require and shall
impose such additional conditions as may be
required to protect such water, and if the
commissioner finds that the proposed system to
treat the discharge, as described by the plans and
specifications or such other information as may be
required by the commissioner pursuant to
subsection (j) of this section, will protect the
waters of the state from pollution, he shall
notify the applicant of his approval and, when
such applicant has installed such system, in full
compliance with the approval thereof, the
commissioner shall issue a permit for such
discharge, or (D) the proposed system to treat
such discharge, as described by the plans and
specifications, will not protect the waters of the
state, in which case he shall promptly notify the
applicant that its application is denied and the
reasons therefor. The commissioner shall, by
regulations adopted in accordance with the
provisions of chapter 54, establish procedures,
criteria and standards as appropriate for
determining if (i) a discharge would cause
pollution to the waters of the state and (ii) a
treatment system is adequate to protect the waters
of the state from pollution. Such procedures,
criteria and standards may include schedules of
activities, prohibitions of practices, operating
and maintenance procedures, management practices
and other measures to prevent or reduce pollution
of the waters of the state, provided the
commissioner in adopting such procedures, criteria
and standards shall consider best management
practices. The regulations shall specify the
circumstances under which procedures, criteria and
standards for activities other than treatment will
be required. For the purposes of this section,
"best management practices" means those practices
which reduce the discharge of waste into the
waters of the state and which have been determined
by the commissioner to be acceptable based on, but
not limited to, technical, economic and
institutional feasibility. Any [person who or
municipality which] APPLICANT, OR IN THE CASE OF A
PERMIT ISSUED PURSUANT TO THE FEDERAL WATER
POLLUTION CONTROL ACT, ANY PERSON OR MUNICIPALITY,
WHO is aggrieved by a decision of the commissioner
[and whose] WHERE AN application has not been
given a public hearing shall have the right to a
hearing and an appeal therefrom in the same manner
as provided in sections 22a-436 and 22a-437. Any
[person who or municipality which] APPLICANT, OR
IN THE CASE OF A PERMIT ISSUED PURSUANT TO THE
FEDERAL WATER POLLUTION CONTROL ACT, ANY PERSON OR
MUNICIPALITY, WHO is aggrieved by a decision of
the commissioner [and whose] WHERE AN application
has been given a public hearing shall have the
right to appeal as provided in section 22a-437.
The commissioner may, by regulation, exempt
certain categories, types or sizes of discharge
from the requirement for notice prior to approving
or denying the application if such category, type
or size of discharge is not likely to cause
substantial pollution. The commissioner may hold a
public hearing prior to approving or denying any
application if in his discretion the public
interest will be best served thereby, and he shall
hold a hearing upon receipt of a petition signed
by at least twenty-five persons. Notice of such
hearing shall be published at least thirty days
before the hearing in a newspaper having a
substantial circulation in the area affected.
(c) The permits issued pursuant to this
section shall be for a period not to exceed five
years, except that any such permit shall be
subject to the provisions of section 22a-431. Such
permits: (1) Shall specify the manner, nature and
volume of discharge; (2) shall require proper
operation and maintenance of any pollution
abatement facility required by such permit; (3)
may be renewable for periods not to exceed five
years each in accordance with procedures and
requirements established by the commissioner; and
(4) shall be subject to such other requirements
and restrictions as the commissioner deems
necessary to comply fully with the purposes of
this chapter, the federal Water Pollution Control
Act and the federal Safe Drinking Water Act. An
application for a renewal of a permit which
expires after January 1, 1985, shall be filed with
the commissioner at least one hundred eighty days
before the expiration of such permit. The
commissioner, at least thirty days before
approving or denying an application for renewal of
a permit, shall publish once in a newspaper having
substantial circulation in the area affected,
notice of (A) the name of the applicant; (B) the
location, volume, frequency and nature of the
discharge; (C) the tentative decision on the
application, and (D) such additional information
the commissioner deems necessary to comply with
the federal Clean Water Act (33 USC 1251 et seq.).
There shall be a comment period following the
public notice during which period interested
persons and municipalities may submit written
comments. After the comment period, the
commissioner shall make a final determination that
(i) continuance of the existing discharge would
not cause pollution of the waters of the state, in
which case he shall renew the permit for such
discharge, or (ii) continuance of the existing
system to treat the discharge would protect the
waters of the state from pollution, in which case
he shall renew a permit for such discharge, (iii)
the continuance of the existing system to treat
the discharge, even with modifications, would not
protect the waters of the state from pollution, in
which case he shall promptly notify the applicant
that its application is denied and the reasons
therefor, or (iv) modification of the existing
system or installation of a new system would
protect the waters of the state from pollution, in
which case he shall renew the permit for such
discharge. Such renewed permit may include a
schedule for the completion of the modification or
installation to allow additional time for
compliance with the final effluent limitations in
the renewed permit provided (I) continuance of the
activity producing the discharge is in the public
interest; (II) the interim effluent limitations in
the renewed permit are no less stringent than the
effluent limitations in the previous permit; and
(III) the schedule would not be inconsistent with
the federal Water Pollution Control Act. No permit
shall be renewed unless the commissioner
determines that the treatment system adequately
protects the waters of the state from pollution.
Any [person who or municipality which] APPLICANT,
OR IN THE CASE OF A PERMIT ISSUED PURSUANT TO THE
FEDERAL WATER POLLUTION CONTROL ACT, ANY PERSON OR
MUNICIPALITY, WHO is aggrieved by a decision of
the commissioner [and whose] WHERE AN application
for a renewal has not been given a public hearing
shall have the right to a hearing and an appeal
therefrom in the same manner as provided in
sections 22a-436 and 22a-437. Any [person who or
municipality which] APPLICANT, OR IN THE CASE OF A
PERMIT ISSUED PURSUANT TO THE FEDERAL WATER
POLLUTION CONTROL ACT, ANY PERSON OR MUNICIPALITY,
WHO is aggrieved by a decision of the commissioner
[and whose] WHERE AN application for a renewal has
been given a public hearing shall have the right
to appeal as provided in section 22a-437. Any
category, type or size of discharge that is exempt
from the requirement of notice pursuant to
subsection (b) of this section for the approval or
denial of a permit shall be exempt from notice for
approval or denial of a renewal of such permit.
The commissioner may hold a public hearing prior
to approving or denying an application for a
renewal if in his discretion the public interest
will be best served thereby, and he shall hold a
hearing upon receipt of a petition signed by at
least twenty-five persons. Notice of such hearing
shall be published at least thirty days before the
hearing in a newspaper having a substantial
circulation in the area affected.
Sec. 2. Section 22a-436 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Each order to abate pollution issued under
section 22a-428 or 22a-431 or decision [to deny]
under subsection (b) or (c) of section 22a-430
shall be sent by certified mail, return receipt
requested, to the subject of such order or
decision [to deny] and shall be deemed issued upon
deposit in the mail. Any person who or
municipality which is aggrieved by any such order
or decision to deny an application OR, IN THE CASE
OF A PERMIT ISSUED PURSUANT TO THE FEDERAL WATER
POLLUTION CONTROL ACT, ANY DECISION without prior
hearing under subsection (b) OR (c) of section
22a-430, AS AMENDED BY SECTION 1 OF THIS ACT, may,
within thirty days from the date such order or
decision is sent, request a hearing before the
commissioner. The commissioner shall not grant any
request for a hearing at any time thereafter.
After such hearing, the commissioner shall
consider the facts presented to him by the person
or municipality, including, but not limited to,
technological feasibility, shall consider the
rebuttal or other evidence presented to or by him,
and shall then revise and resubmit the order to
the person or municipality, or inform the person
or municipality that the previous order has been
affirmed and remains in effect. The request for a
hearing as provided for in this section or a
decision under subsection (b) OR (c) of section
22a-430, AS AMENDED BY SECTION 1 OF THIS ACT, made
after a public hearing shall be a condition
precedent to the taking of an appeal by the person
or municipality under the provisions of section
22a-437, AS AMENDED BY SECTION 3 OF THIS ACT. The
commissioner may, after the hearing provided for
in this section, or at any time after the issuance
of his order, modify such order by agreement or
extend the time schedule therefor if he deems such
modification or extension advisable or necessary,
and any such modification or extension shall be
deemed to be a revision of an existing order and
shall not constitute a new order. There shall be
no hearing subsequent to or any appeal from any
such modification or extension.
Sec. 3. Subsection (a) of section 22a-437 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Any person who or municipality which is
aggrieved by a decision under subsection (b) OR
(c) of section 22a-430, AS AMENDED BY SECTION 1 OF
THIS ACT, or by any order of the commissioner
other than an order under section 22a-6b, to abate
pollution may, after a hearing by the commissioner
as provided for in section 22a-436 or subsection
(b) OR (c) of section 22a-430, AS AMENDED BY
SECTION 1 OF THIS ACT, appeal from the final
determination of the commissioner based on such
hearing to the Superior Court as provided in
chapter 54. Such appeal shall have precedence in
the order of trial as provided in section 52-192.
Sec. 4. Section 22a-40 of the general
statutes, as amended by section 5 of public act
97-289, is amended by adding subsection (c) as
follows:
(NEW) (c) Any dredging or any erection,
placement, retention or maintenance of any
structure, fill, obstruction or encroachment, or
any work incidental to such activities, conducted
by a state agency, which activity is regulated
under sections 22a-28 to 22a-35, inclusive, as
amended, or sections 22a-359b to 22a-363f,
inclusive, as amended, shall not require any
permit or approval under sections 22a-36 to
22a-45, inclusive, as amended.
Sec. 5. Section 22a-342 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The commissioner shall establish, along any
tidal or inland waterway or flood-prone area
considered for stream clearance, channel
improvement or any form of flood control or flood
alleviation measure, lines beyond which, in the
direction of the waterway or flood-prone area, no
obstruction, [or] encroachment OR HINDRANCE shall
be placed by any person, [firm or corporation,
public or private] AND NO SUCH OBSTRUCTION,
ENCROACHMENT OR HINDRANCE SHALL BE MAINTAINED BY
ANY PERSON unless authorized by said commissioner.
The commissioner shall issue or deny permits upon
applications for establishing such encroachments
based upon his findings of the effect of such
proposed encroachments upon the flood-carrying and
water storage capacity of the waterways and flood
plains, flood heights, hazards to life and
property, and the protection and preservation of
the natural resources and ecosystems of the state,
including but not limited to ground and surface
water, animal, plant and aquatic life, nutrient
exchange, and energy flow, with due consideration
given to the results of similar encroachments
constructed along the reach of waterway. Each
application for a permit shall be accompanied by a
fee as follows: (1) No change in grades and no
construction of above-ground structures, two
hundred fifty dollars; (2) a change in grade and
no construction of above-ground structures, five
hundred dollars; and (3) a change in grade and
above-ground structures or buildings, two thousand
five hundred dollars. The commissioner may adopt
regulations, in accordance with the provisions of
chapter 54, to prescribe the amount of the fees
required pursuant to this section. Upon the
adoption of such regulations, the fees required by
this section shall be as prescribed in such
regulations.
Sec. 6. Section 22a-342a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person who places any obstruction,
encroachment or hindrance within any stream
channel encroachment line established by the
Commissioner of Environmental Protection pursuant
to section 22a-342 without a permit issued under
said section, OR IS MAINTAINING ANY SUCH
OBSTRUCTION, ENCROACHMENT OR HINDRANCE PLACED
WITHOUT SUCH A PERMIT, or in violation of the
terms and conditions of such permit shall be
liable for a civil penalty of not more than one
thousand dollars for each offense. Each violation
shall be a separate and distinct offense and in
the case of a continuing violation, each day's
continuance thereof shall be deemed to be a
separate and distinct offense. The Commissioner of
Environmental Protection may request the Attorney
General to bring a civil action in the superior
court for the judicial district of Hartford-New
Britain at Hartford* to seek imposition and
recovery of such civil penalty.
Sec. 7. Subsections (a) and (b) of section
22a-6a of the general statutes are repealed and
the following is substituted in lieu thereof:
(a) Any person who knowingly or negligently
violates any provision of section 14-100b or
14-164c, subdivision (3) of subsection (b) of
section 15-121, section 15-171, 15-172, 15-175,
22a-5, 22a-6 [,] OR 22a-7, [22a-32 or 22a-39]
CHAPTER 440, chapter 441, section 22a-69 or
22a-74, subsection (b) of section 22a-134p,
section 22a-162, 22a-171, 22a-174, 22a-175,
22a-177, 22a-178, 22a-181, 22a-183, 22a-184,
22a-190, 22a-208, 22a-208a, 22a-209, 22a-213,
22a-220, 22a-225, 22a-231, 22a-336, 22a-342,
22a-345, 22a-346, 22a-347, 22a-349a, 22a-358,
22a-359, 22a-361, 22a-362, 22a-365 TO 22a-379,
INCLUSIVE, 22a-401 to [22a-405] 22a-411,
inclusive, 22a-416, 22a-417, 22a-424 to 22a-433,
inclusive, 22a-447, 22a-449, 22a-450, 22a-451,
22a-454, 22a-458, 22a-461, 22a-462 or 22a-471, AS
AMENDED, or any regulation, order or permit
adopted or issued thereunder by the Commissioner
of Environmental Protection shall be liable to the
state for the reasonable costs and expenses of the
state in detecting, investigating, controlling and
abating such violation. Such person shall also be
liable to the state for the reasonable costs and
expenses of the state in restoring the air,
waters, lands and other natural resources of the
state, including plant, wild animal and aquatic
life to their former condition insofar as
practicable and reasonable, or, if restoration is
not practicable or reasonable, for any damage,
temporary or permanent, caused by such violation
to the air, waters, lands or other natural
resources of the state, including plant, wild
animal and aquatic life and to the public trust
therein. Institution of a suit to recover for such
damage, costs and expenses shall not preclude the
application of any other remedies.
(b) Whenever two or more persons knowingly or
negligently violate any provision of section
14-100b or 14-164c, subdivision (3) of subsection
(b) of section 15-121, section 15-171, 15-172,
15-175, 22a-5, 22a-6 [,] OR 22a-7, [22a-32 or
22a-39] CHAPTER 440, chapter 441, subsection (b)
of section 22a-134p, section 22a-162, 22a-171,
22a-174, 22a-175, 22a-177, 22a-178, 22a-181,
22a-183, 22a-184, 22a-190, 22a-208, 22a-208a,
22a-209, 22a-213, 22a-220, 22a-225, 22a-231,
22a-336, 22a-342, 22a-345, 22a-346, 22a-347,
22a-349a, 22a-358, 22a-359, 22a-361, 22a-362,
22a-365 TO 22a-379, INCLUSIVE, 22a-401 to
[22a-405] 22a-411, inclusive, 22a-416, 22a-417,
22a-424 to 22a-433, inclusive, 22a-447, 22a-449,
22a-450, 22a-451, 22a-454, 22a-458, 22a-461,
22a-462 or 22a-471, AS AMENDED, or any regulation,
order or permit adopted or issued thereunder by
the commissioner and responsibility for the damage
caused thereby is not reasonably apportionable,
such persons shall, subject to a right of equal
contribution, be jointly and severally liable
under this section.
Sec. 8. Subsection (a) of section 22a-6k of
the general statutes, as amended by section 3 of
public act 97-289, is repealed and the following
is substituted in lieu thereof:
(a) The Commissioner of Environmental
Protection may issue an emergency authorization
for any activity regulated by the commissioner
under section 22a-32, SUBSECTION (h) OF SECTION
22a-39, 22a-54, 22a-66, 22a-174, 22a-208a,
22a-342, 22a-368, 22a-403, 22a-430, 22a-449 or
22a-454, AS AMENDED, provided he finds that (1)
such authorization is necessary to prevent, abate
or mitigate an imminent threat to human health or
the environment; and (2) such authorization is not
inconsistent with the federal Water Pollution
Control Act, the federal Rivers and Harbors Act,
the federal Clean Air Act or the federal Resource
Conservation and Recovery Act. Such emergency
authorization shall be limited by any conditions
the commissioner deems necessary to adequately
protect human health and the environment. Summary
suspension of an emergency authorization may be
ordered in accordance with subsection (c) of
section 4-182. The commissioner may assess a fee
for an emergency authorization issued pursuant to
this subsection. Such fee shall be of an amount
equal to the equivalent existing permit fee for
the activity authorized. The commissioner may
reduce or waive the fee required pursuant to this
subsection if good cause is shown. The fee
required pursuant to this subsection shall be paid
no later than ten days after the issuance of the
emergency authorization.
Sec. 9. Subsection (a) of section 22a-354i of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) On or before July 1, 1991, the
Commissioner of Environmental Protection shall
publish notice of intent to adopt regulations in
accordance with chapter 54 for land use controls
in aquifer protection areas. The regulations shall
establish (1) best management practice standards
for existing regulated activities located entirely
or in part within aquifer protection areas and a
schedule for compliance of nonconforming regulated
activities with such standards, (2) best
management practice standards for and prohibitions
of regulated activities proposed to be located
entirely or in part within aquifer protection
areas, (3) procedures for exempting regulated
activities in aquifer protection areas upon
determination solely by the commissioner that such
regulated activities do not pose a threat to any
existing or potential drinking water supply and
(4) requirements for design and installation of
groundwater monitoring within aquifer protection
areas. In addition, the commissioner may adopt
such other regulations as deemed necessary to
carry out the purposes of sections 22a-354b,
22a-354c, 22a-354h, this section, sections
22a-354m, 22a-354n, subsection (e) of section
22a-354p and subsection (d) of section 22a-451,
including but not limited to regulations which
provide for the manner in which the boundaries of
aquifer protection areas shall be established and
amended; criteria and procedures for submission
and review of applications to construct or begin
regulated activities; procedures for granting,
denying, limiting, revoking, suspending,
transferring and modifying permits for regulated
activities; controls regarding the expansion of
nonconforming regulated activities, INCLUDING
PROCEDURES FOR OFFSETTING IMPACTS FROM THE
EXPANSION OR MODIFICATION OF NONCONFORMING
REGULATED ACTIVITIES OR PROCEDURES FOR MODIFYING
PERMITS OF REGULATED ACTIVITIES BY THE REMOVAL OF
OTHER POTENTIAL POLLUTION SOURCES WITHIN THE
SUBJECT WELL FIELD, PROCEDURES FOR THE GRANTING OF
PERMITS FOR SUCH EXPANSION OR MODIFICATION BASED
ON THE CERTIFICATION OF A QUALIFIED PERSON THAT
SUCH EXPANSION MEETS CRITERIA ESTABLISHED BY THE
COMMISSIONER; registration requirements for
existing regulated activities and procedures for
transferring registrations; procedures for
landowners to notify a municipality or the
commissioner of a change in use and other
provisions for administration of the aquifer
protection program.
Sec. 10. Section 22a-354m of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) [Each] THE COMMISSIONER OF ENVIRONMENTAL
PROTECTION MAY, IN ACCORDANCE WITH REGULATIONS
ADOPTED PURSUANT TO SUBSECTION (d) OF THIS
SECTION, REQUIRE ANY person engaged in agriculture
on land located within an aquifer protection area
and whose annual gross sales from agricultural
products during the preceding calendar year were
two thousand five hundred dollars or more [shall]
TO submit a farm resources management plan. [for
such land to the Commissioner of Environmental
Protection for his approval.]
(b) The soil and water conservation district
where the aquifer protection area is located shall
establish and coordinate a technical team to
develop each plan. Such team shall include a
representative of the municipality in which the
land is located and a representative of any
affected water company upon request of such
municipality or water company. For the purposes of
developing the plan required pursuant to this
section, if a farm is located in two or more soil
and water conservation districts, the district in
which the greater part of such farm is located
shall be deemed to be the district in which the
entire farm is located. In developing a plan, a
district shall consult with the Commissioners of
Environmental Protection and Agriculture, the
College of Agriculture and Natural Resources at
The University of Connecticut, the Connecticut
Agricultural Experiment Station, the Soil
Conservation Service, the state Agricultural and
Conservation Committee and any other person or
agency the district deems appropriate.
(c) The plan shall include a schedule for
implementation and shall be periodically updated
as required by the commissioner. In developing a
schedule for implementation, the technical team
shall consider technical and economic factors
including, but not limited to, the availability of
state and federal funds. Any person engaged in
agriculture in substantial compliance with a plan
approved under this section shall be exempt from
regulations adopted under section 22a-354o by a
municipality in which the land is located. No plan
shall be required to be submitted to the
commissioner before July 1, 1992, or six months
after completion of level B mapping where the farm
is located, whichever is later.
(d) On or before July 1, [1991] 1999, the
Commissioner of Environmental Protection, in
consultation with the Commissioner of Agriculture,
the United States Soil Conservation Service, the
Cooperative Extension Service at The University of
Connecticut and the Council for Soil and Water
Conservation, shall publish notice of intent to
adopt regulations in accordance with chapter 54
for farm resources management plans. Such
regulations shall include, but not be limited to,
A PRIORITY SYSTEM AND PROCEDURES FOR DETERMINING
IF A FARM MANAGEMENT PLAN IS REQUIRED AND THE
PRIORITY THAT IS ASSIGNED TO THE PREPARATION OF
SUCH A PLAN, best management practices,
restrictions and prohibitions for manure
management, storage and handling of pesticides,
reduced use of pesticides through pest management
practices, integrated pest management, fertilizer
management and underground and above-ground
storage tanks and criteria and procedures for
submission and review of farm resources management
plans and amendments of such plans. In adopting
such best management practices, restrictions and
prohibitions, the commissioner shall consider
existing state and federal guidelines or
regulations affecting aquifers and agricultural
resources management.
Sec. 11. Section 22a-402 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Environmental Protection
shall investigate and inspect or cause to be
investigated and inspected all dams or other
structures which, in his judgment, would, by
breaking away, cause loss of life or property
damage. Said commissioner may require any person
owning or having the care and control of any such
structure to furnish him with such surveys, plans,
descriptions, drawings and other data relating
thereto and in such form and to such reasonable
extent as he directs. Any person in possession of
such pertinent information shall afford the owner
and the commissioner access thereto. The
commissioner shall make or cause to be made such
periodic inspections of all such structures as may
be necessary to reasonably insure that they are
maintained in a safe condition. If, after any
inspection described herein, the commissioner
finds any such structure to be in an unsafe
condition, he shall order the person owning or
having control thereof to place it in a safe
condition or to remove it and shall fix the time
within which such order shall be carried out. The
respondent to such an order shall not be required
to obtain a permit under chapter 440 OR 446j OR
SECTION 22a-342 OR 22a-368 for any action
necessary to comply with such order. If such order
is not carried out within the time specified, the
commissioner may carry out the actions required by
the order provided the commissioner has determined
that an emergency exists which presents a clear
and present danger to the public safety and said
commissioner shall assess the costs of such action
against the person [, firm or corporation] owning
or having care and control of the structure. When
the commissioner in his investigation finds that a
dam or other structure should be inspected
periodically in order to reduce a potential hazard
to life and property, the owner of such structure
shall cause such inspection to be made by a
registered engineer at such intervals as are
deemed necessary by the commissioner and shall
submit a copy of the engineer's finding and report
to the commissioner for his action. As used in
this chapter, "person" shall have the same meaning
as defined in subsection (c) of section 22a-2. THE
COMMISSIONER SHALL CAUSE A CERTIFIED COPY OF A
FINAL ORDER ISSUED UNDER THIS SECTION TO BE
RECORDED ON THE LAND RECORDS IN THE TOWN OR TOWNS
WHEREIN THE DAM OR SUCH STRUCTURE IS LOCATED.
Sec. 12. Subsection (b) of section 22a-403 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The commissioner or his representative,
engineer or consultant shall determine the impact
of the construction work on the environment, on
the safety of persons and property and on the
inland wetlands and watercourses of the state in
accordance with the provisions of sections 22a-36
to 22a-45, inclusive, AS AMENDED, and shall
further determine the need for a fishway in
accordance with the provisions of section 26-136,
and shall examine the documents and inspect the
site, and, upon approval thereof, the commissioner
shall issue a permit authorizing the proposed
construction work under such conditions as the
commissioner may direct. The commissioner shall
send a copy of the permit to the town clerk in any
municipality in which the structure is located or
any municipality which will be affected by the
structure. AN APPLICANT FOR A PERMIT ISSUED UNDER
THIS SECTION TO ALTER, REBUILD, REPAIR OR REMOVE
AN EXISTING DAM SHALL NOT BE REQUIRED TO OBTAIN A
PERMIT UNDER SECTIONS 22a-36 TO 22a-45a,
INCLUSIVE, AS AMENDED, OR SECTION 22a-342 OR
22a-368. AN APPLICANT FOR A PERMIT ISSUED UNDER
THIS SECTION TO CONSTRUCT A NEW DAM SHALL NOT BE
REQUIRED TO OBTAIN A PERMIT UNDER SECTIONS 22a-36
TO 22a-45a, INCLUSIVE, AS AMENDED, FOR SUCH
CONSTRUCTION.
Sec. 13. Section 22a-408 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Upon written request, any person [, firm or
corporation] aggrieved by any decision of the
commissioner under this chapter, other than a
decision under section 22a-403, shall be given a
hearing by the commissioner. Any person [, firm or
corporation] aggrieved by any decision or order of
the commissioner pursuant to the provisions of
section 22a-402, 22a-405 or 22a-409 may request a
hearing before the commissioner. Such request
shall be submitted to the commissioner within
thirty days of receipt of notice of such decision
or order. The commissioner shall conduct such
hearing promptly in accordance with the provisions
of chapter 54. An appeal may be taken from any
decision of the commissioner in accordance with
the provisions of section 4-183, except such
appeal shall be made returnable to the judicial
district of Hartford-New Britain at Hartford*.
Sec. 14. Section 22a-411 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The commissioner may issue a general
permit for any minor activity regulated under
sections 22a-401 to 22a-410, inclusive, except for
any activity covered by an individual permit, if
the commissioner determines that such activity
would cause minimal environmental effects when
conducted separately and would cause only minimal
cumulative environmental effects. Such activities
may include routine maintenance and routine repair
of any dam, dike, reservoir or other similar
structure and the construction if any such
structure presents low or negligible safety
hazards. Any person [, firm or corporation]
conducting an activity for which a general permit
has been issued shall not be required to obtain an
individual permit under [any other provision of
said sections 22a-401 to 22a-410, inclusive]
SECTIONS 22a-36 TO 22a-45a, INCLUSIVE, AS AMENDED,
OR SECTION 22a-342, 22a-368 OR 22a-403, except as
provided in subsection (c) of this section. A
general permit shall clearly define the activity
covered thereby and may include such conditions
and requirements as the commissioner deems
appropriate, including but not limited to,
management practices and verification and
reporting requirements. The general permit may
require any person [, firm or corporation]
conducting any activity under the general permit
to report, on a form prescribed by the
commissioner, such activity to the commissioner
before it shall be covered by the general permit.
The commissioner shall prepare, and shall annually
amend, a list of holders of general permits under
this section, which list shall be made available
to the public.
(b) Notwithstanding any other procedures
specified in said sections 22a-401 to 22a-410,
inclusive, any regulation adopted thereunder, and
chapter 54, the commissioner may issue, revoke,
suspend or modify a general permit in accordance
with the following procedures: (1) The
commissioner shall publish in a newspaper having a
substantial circulation in the affected area or
areas notice of intent to issue a general permit;
(2) the commissioner shall allow a comment period
of thirty days following publication of such
notice during which interested persons may submit
written comments to the commissioner and the
commissioner shall hold a public hearing if,
within said comment period, he receives a petition
signed by at least twenty-five persons; (3) the
commissioner may not issue the general permit
until after the comment period; and (4) the
commissioner shall publish notice of any issued
permit in a newspaper having substantial
circulation in the affected area or areas. Any
person may request that the commissioner issue,
modify or revoke a general permit in accordance
with the provisions of this subsection.
(c) Subsequent to the issuance of a general
permit, the commissioner may require any person [,
firm or corporation] to obtain an individual
permit under the provisions of said sections
22a-401 to 22a-410, inclusive, for all or any
portion of the activities covered by the general
permit, if in the commissioner's judgment the
purposes and policies of said sections would be
best served by requiring an application for an
individual permit. The commissioner may require an
individual permit under this subsection only if
the affected person [, firm or corporation] has
been notified in writing that an individual permit
is required. The notice shall include a brief
statement of the reasons for the decision and a
statement that upon the date of issuance of such
notice the general permit as it applies to the
individual activity will terminate.
(d) Any general permit issued under this
section shall require that any person [, firm or
corporation] intending to conduct an activity
covered by such general permit shall, at least
sixty days before initiating such activity, give
written notice of such intention to the inland
wetlands agency, zoning commission, planning
commission or combined planning and zoning
commission, and conservation commission of any
municipality which will or may be affected by such
activity, and to the department which shall make
such notices available to the public. The general
permit shall specify the information which must be
contained in the notice. An inland wetlands
agency, planning and zoning commission,
conservation commission or any person may submit
written comments to the commissioner concerning
such activity no later than twenty-five days
before the date that the activity is proposed to
begin.
(e) The commissioner may adopt regulations in
accordance with the provisions of chapter 54 to
carry out the purposes of this section.
Sec. 15. Subsection (a) of section 22a-7 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The commissioner, whenever he finds after
investigation that any person is causing, engaging
in or maintaining, or is about to cause, engage in
or maintain, any condition or activity which, in
his judgment, will result in or is likely to
result in imminent and substantial damage to the
environment, or to public health within the
jurisdiction of the commissioner under the
provisions of chapters 440, 441, 442, 445, 446a,
446c, 446d, 446j and 446k, or whenever he finds
after investigation that there is a violation of
the terms and conditions of a permit issued by him
that is in his judgment substantial and continuous
and it appears prejudicial to the interests of the
people of the state to delay action until an
opportunity for a hearing can be provided, or
whenever he finds after investigation that any
person is conducting, has conducted, or is about
to conduct an activity which will result in or is
likely to result in imminent and substantial
damage to the environment, or to public health
within the jurisdiction of the commissioner under
the provisions of chapters 440, 441, 442, 445,
446a, 446c, 446d, 446j and 446k for which a
license, as defined in section 4-166, is required
under the provisions of chapter 440, 441, 442,
445, 446a, 446c, 446d, 446j or 446k without
obtaining such license, may, without prior
hearing, issue a cease and desist order in writing
to such person to discontinue, abate or alleviate
such condition or activity.
Sec. 16. Subdivision (1) of subsection (c) of
section 22a-42a of the general statutes, as
amended by section 10 of public act 97-124, is
repealed and the following is substituted in lieu
thereof:
(c) (1) On and after the effective date of the
municipal regulations promulgated pursuant to
subsection (b) of this section, no regulated
activity shall be conducted upon any inland
wetland or watercourse without a permit. Any
person proposing to conduct or cause to be
conducted a regulated activity upon an inland
wetland or watercourse shall file an application
with the inland wetlands agency of the town or
towns wherein the wetland or watercourse in
question is located. The application shall be in
such form and contain such information as the
inland wetlands agency may prescribe. The date of
receipt of an application shall be the day of the
next regularly scheduled meeting of such inland
wetlands agency, immediately following the day of
submission to such inland wetlands agency or its
agent of such application, provided such meeting
is no earlier than three business days after
receipt, or thirty-five days after such
submission, whichever is sooner. The inland
wetlands agency shall not hold a public hearing on
such application unless the inland wetlands agency
determines that the proposed activity may have a
significant impact on wetlands or watercourses, a
petition signed by at least twenty-five persons
requesting a hearing is filed with the agency not
later than fifteen days after the date of receipt
of such application, or the agency finds that a
public hearing regarding such application would be
in the public interest. AN INLAND WETLANDS AGENCY
MAY ISSUE A PERMIT WITHOUT A PUBLIC HEARING
PROVIDED NO PETITION PROVIDED FOR IN THIS
SUBSECTION IS FILED WITH THE AGENCY NOT LATER THAN
FIFTEEN DAYS AFTER THE DATE OF RECEIPT OF THE
APPLICATION. Such hearing shall be held no later
than sixty-five days after the receipt of such
application. Notice of the hearing shall be
published at least twice at intervals of not less
than two days, the first not more than fifteen
days and not fewer than ten days, and the last not
less than two days before the date set for the
hearing in a newspaper having a general
circulation in each town where the affected
wetland or watercourse, or any part thereof, is
located. All applications and maps and documents
relating thereto shall be open for public
inspection. At such hearing any person or persons
may appear and be heard. The hearing shall be
completed within forty-five days of its
commencement. Action shall be taken on such
application within thirty-five days after the
completion of a public hearing or in the absence
of a public hearing within sixty-five days from
the date of receipt of such application. The
applicant may consent to one or more extensions of
the periods specified in this subsection for the
holding of the hearing and for action on such
application, provided the total extension of any
such period shall not be for longer than the
original period as specified in this subsection,
or may withdraw such application. If the inland
wetlands agency, or its agent, fails to act on any
application within thirty-five days after the
completion of a public hearing or in the absence
of a public hearing within sixty-five days from
the date of receipt of the application, or within
any extension of any such period, the applicant
may file such application with the Commissioner of
Environmental Protection who shall review and act
on such application in accordance with this
section. Any costs incurred by the commissioner in
reviewing such application for such inland
wetlands agency shall be paid by the municipality
that established or authorized the agency. Any
fees that would have been paid to such
municipality if such application had not been
filed with the commissioner shall be paid to the
state. The failure of the inland wetlands agency
or the commissioner to act within any time period
specified in this subsection, or any extension
thereof, shall not be deemed to constitute
approval of the application.
Sec. 17. Subsection (f) of section 23-65 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(f) Any person, firm or corporation, other
than a tree warden or his deputy, who desires the
cutting or removal, in whole or in part, of any
tree or shrub or part thereof within the limits of
any public road or grounds, may apply in writing
to the town tree warden, the borough tree warden
or the Commissioner of Transportation or other
authority having jurisdiction thereof for a permit
so to do. Upon receipt of such permit, but not
before, he may proceed with such cutting or
removal. Before granting or denying such permit,
such authority may hold a public hearing as
provided in section 23-59, and when the applicant
is a public utility corporation, the party
aggrieved by such decision may, within ten days,
appeal therefrom to the Department of Public
Utility Control, which shall have the power to
review, confirm, change or set aside the decision
appealed from and its decision shall be final.
This shall be in addition to the powers granted to
it under section 16-234, provided, if an
application for such permit has been made to
either a tree warden or the Commissioner of
Transportation or other authority and denied by
him, an application for a permit for the same
relief shall not be made to any other such
authority. UPON ANY APPROVAL OF SUCH A PERMIT BY
THE COMMISSIONER OF TRANSPORTATION, HE SHALL
NOTIFY THE TREE WARDEN FOR THE TOWN IN WHICH THE
TREE IS LOCATED.
Sec. 18. Section 15-129 of the general
statutes, as amended by section 1 of public act
97-49, is repealed and the following is
substituted in lieu thereof:
(a) The provisions of this section shall apply
to vessels operated on state and federal waters.
(1) Every vessel shall carry for each person on
board, so placed as to be readily accessible, at
least one buoyant personal flotation device. The
operator or owner of any vessel being used for
recreational purposes, other than a vessel
required to have a certificate of inspection
issued by the Coast Guard, shall require any child
under twelve years of age who is aboard such
vessel to wear a personal flotation device while
such vessel is underway unless the child is below
deck or in an enclosed cabin. Sailboards shall be
exempt from carrying a personal flotation device
if the mast of the sailboard is secured to the
hull by a leash or safety line. (2) Every
motorboat with enclosed fuel storage space or an
enclosed engine compartment shall be equipped with
devices for ventilating flammable or explosive
gases. (3) Every motorboat with a carbureted
inboard engine shall have the carburetor of such
engine equipped with a flame arrestor or backfire
trap unless such engine is mounted in the
aftermost part of the vessel with no provisions
for carrying passengers behind the forward edge of
the engine and the carburetor of such engine has
its intake opening above the gunwale line of the
vessel in the open atmosphere and mounted so
backfire flames are directed to the rear or
vertically away from the vessel and its occupants.
(4) Every motorboat shall have its engine equipped
with an effective muffling device. (5) All inboard
motorboats, all outboard motorboats twenty-six
feet or over in length, and all outboard
motorboats less than twenty-six feet in length
which have a compartment in which gases may
accumulate, shall be equipped with a fire
extinguisher. (6) Every motorboat sixteen feet or
more in length shall be equipped with a whistle or
horn-type sound-producing device capable of
producing a blast of two seconds or more in
duration. On motorboats sixteen feet or more but
less than twenty-six feet in length such device
shall be mouth, hand or power-operated and audible
for at least one-half mile. On motorboats
twenty-six feet or more but less than forty feet
in length such device shall be hand or
power-operated and audible for at least one mile.
On motorboats forty feet or more but less than
sixty-five feet in length such device shall be
power-operated and audible for at least one mile.
Every motorboat twenty-six feet or more in length
shall be equipped with a bell capable of producing
a clear bell-like tone of full round
characteristics. (7) Every vessel operated on the
waters of Long Island Sound or Fishers Island
Sound between sunset and sunrise shall carry
visual distress signals suitable for night use.
Every vessel sixteen feet or more in length,
except manually propelled vessels and open
sailboats that are less than twenty-six feet in
length, and are not equipped with propulsion
machinery, operated on the waters of Long Island
Sound or Fishers Island Sound at any time shall
carry visual distress signals suitable for day and
night use. No person, operator or owner in a
vessel shall display or allow the display of a
visual distress signal except when assistance is
needed because of immediate or potential danger to
persons aboard.
(b) [No person shall operate or give
permission for the operation of any motorboat in
or upon the waters of this state in such a manner
as to exceed the following noise levels: (1) For
engines manufactured before January 1, 1976, a
noise level of 86 dB (A) measured at a distance of
(A) fifty feet from the motorboat or (B) one
hundred feet from the shore, in accordance with
local regulations or ordinances; (2) for engines
manufactured on or after January 1, 1976, and
before January 1, 1982, a noise level of 84 dB (A)
measured at a distance of (A) fifty feet from the
motorboat or (B) one hundred feet from the shore,
in accordance with local regulations or
ordinances; (3) for engines manufactured on or
after January 1, 1982, a noise level of 82 dB (A)
measured at a distance of (A) fifty feet from the
motorboat or (B) one hundred feet from the shore,
in accordance with local regulations or
ordinances.] NO PERSON SHALL OPERATE OR GIVE
PERMISSION FOR THE OPERATION OF ANY MOTORBOAT ON
THE WATERS OF THIS STATE UNLESS SUCH MOTORBOAT IS
AT ALL TIMES EQUIPPED WITH A MUFFLER WHICH ENABLES
SUCH MOTORBOAT TO BE OPERATED IN COMPLIANCE WITH
SUBSECTIONS (c) AND (d) OF THIS SECTION AND SUCH
MUFFLER IS IN USE. FOR PURPOSES OF THIS SECTION
"MUFFLER" MEANS A SOUND SUPPRESSION DEVICE OR
SYSTEM DESIGNED AND INSTALLED TO ABATE THE SOUND
OF EXHAUST GASES EMITTED FROM AN INTERNAL
COMBUSTION ENGINE.
(c) NO PERSON SHALL OPERATE OR GIVE PERMISSION
FOR THE OPERATION OF ANY MOTORBOAT ON THE WATERS
OF THIS STATE IN SUCH A MANNER AS TO EXCEED THE
FOLLOWING NOISE LEVELS: (1) FOR ENGINES
MANUFACTURED BEFORE JANUARY 1, 1993, A NOISE LEVEL
OF 90 dB (A) WHEN SUBJECTED TO A STATIONARY SOUND
LEVEL TEST AS PRESCRIBED BY SOCIETY OF AUTOMOTIVE
ENGINEERS SPECIFICATION NUMBER J2005; (2) FOR
ENGINES MANUFACTURED ON OR AFTER JANUARY 1, 1993,
A NOISE LEVEL OF 88 dB (A) WHEN SUBJECTED TO A
STATIONARY SOUND LEVEL TEST AS PRESCRIBED BY
SOCIETY OF AUTOMOTIVE ENGINEERS SPECIFICATION
NUMBER J2005. IF A MOTORBOAT IS EQUIPPED WITH MORE
THAN ONE ENGINE, THE SAID NOISE LEVELS SHALL APPLY
WHEN ALL SUCH ENGINES ARE SIMULTANEOUSLY IN
OPERATION.
(d) NO PERSON SHALL OPERATE OR GIVE PERMISSION
FOR THE OPERATION OF ANY MOTORBOAT ON THE WATERS
OF THIS STATE IN SUCH A MANNER AS TO EXCEED A
NOISE LEVEL OF 75 dB (A) MEASURED AS SPECIFIED BY
SOCIETY OF AUTOMOTIVE ENGINEERS SPECIFICATION
NUMBER J1970.
[(c)] (e) Any officer authorized to enforce
the provisions of this chapter who has reason to
believe that a [vessel] MOTORBOAT is being
operated in excess of the noise levels established
in subsection [(b)] (c) OR (d) of this section may
request the operator of such [vessel] MOTORBOAT to
submit the [vessel] MOTORBOAT to an on-site test
to measure noise levels, with the officer on board
SUCH MOTORBOAT if such officer chooses, and the
operator shall comply with such request. If such
[vessel] MOTORBOAT exceeds the [decibel] NOISE
levels established in subsection [(b)] (c) OR (d)
of this section, the officer may direct the
operator to take immediate and reasonable measures
to correct the violation, including returning the
[vessel] MOTORBOAT to a mooring and keeping the
[vessel] MOTORBOAT at such mooring until the
violation is corrected or ceases.
[(d) All devices and equipment required by
this section shall be of a type and carried in the
quantity and location approved by the commissioner
or by the United States Coast Guard.
(e) Sirens shall not be used on any vessel
except that law enforcement vessels of the United
States, this state or a political subdivision of
this state may use sirens when engaged in law
enforcement activities or when identification is
necessary for safety reasons. Any vessel may be
equipped with a theft alarm signal device if such
device is so designed that it cannot be used as an
ordinary warning signal.]
(f) ANY OFFICER WHO CONDUCTS A MOTORBOAT SOUND
LEVEL TEST AS PROVIDED IN THIS SECTION SHALL BE
QUALIFIED IN MOTORBOAT NOISE TESTING BY THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, SUCH
QUALIFICATION SHALL INCLUDE, WITHOUT LIMITATION,
INSTRUCTION IN SELECTION OF THE MEASUREMENT SITE
AND IN THE CALIBRATION AND USE OF NOISE TESTING
EQUIPMENT.
[(f)] (g) No person shall operate or give
permission for the operation of any motorboat [in
or upon] ON the waters of this state that is
equipped with [an altered muffler or] a muffler
cutout, bypass or similar device which prevents
the proper operation of or diminishes the
operating capacity of the muffler. [As used in
this subsection, "muffler" means a noise
dissipating device or system for reducing the
sound of escaping gases from an internal
combustion engine.]
(h) NO PERSON SHALL REMOVE A MUFFLER FROM A
MOTORBOAT OR ALTER A MUFFLER ON A MOTORBOAT SO AS
TO PREVENT THE OPERATION OF SUCH MOTORBOAT IN
COMPLIANCE WITH SUBSECTIONS (c) AND (d) OF THIS
SECTION.
(i) NO PERSON SHALL SELL OR OFFER FOR SALE ANY
MOTORBOAT WHICH IS NOT EQUIPPED WITH A MUFFLER
WHICH ENABLES SUCH MOTORBOAT TO BE OPERATED IN
COMPLIANCE WITH SUBSECTIONS (c) AND (d) OF THIS
SECTION. THIS SUBSECTION SHALL NOT APPLY TO THE
SALE OR OFFER FOR SALE OF A MOTORBOAT WHICH WILL
BE OPERATED SOLELY FOR THE PURPOSE OF COMPETING IN
MARINE RACES OR REGATTAS, PROVIDED UPON THE SALE
OF A MOTORBOAT WHICH IS NOT EQUIPPED WITH SUCH A
MUFFLER, THE SELLER SHALL PROVIDE TO THE
PURCHASER, AND THE PURCHASER SHALL DATE AND SIGN,
THE FOLLOWING STATEMENT: "I UNDERSTAND THAT THIS
MOTORBOAT MAY NOT BE OPERATED FOR ANY PURPOSES
OTHER THAN COMPETING IN A MARINE RACE OR REGATTA
AUTHORIZED UNDER SECTION 15-140b OF THE
CONNECTICUT GENERAL STATUTES". SUCH STATEMENT
SHALL INCLUDE THE HULL IDENTIFICATION NUMBER OF
THE MOTORBOAT BEING PURCHASED. NOT LATER THAN FIVE
DAYS AFTER THE SALE, THE SELLER SHALL SUBMIT TO
THE COMMISSIONER A COPY OF SUCH SIGNED AND DATED
STATEMENT. THE SELLER AND PURCHASER SHALL EACH
RETAIN A COPY OF THE STATEMENT.
(j) THE PROVISIONS OF SUBSECTIONS (c) AND (d)
OF THIS SECTION SHALL NOT APPLY TO THE OPERATION
OF A MOTORBOAT PARTICIPATING IN A MARINE RACE OR
REGATTA AUTHORIZED BY THE COMMISSIONER UNDER
SECTION 15-140b.
(k) ALL DEVICES AND EQUIPMENT REQUIRED BY THIS
SECTION SHALL BE OF A TYPE AND CARRIED IN THE
QUANTITY AND LOCATION APPROVED BY THE COMMISSIONER
OR BY THE UNITED STATES COAST GUARD.
(l) SIRENS SHALL NOT BE USED ON ANY VESSEL
EXCEPT THAT LAW ENFORCEMENT VESSELS OF THE UNITED
STATES, THIS STATE OR A POLITICAL SUBDIVISION OF
THIS STATE MAY USE SIRENS WHEN ENGAGED IN LAW
ENFORCEMENT ACTIVITIES OR WHEN IDENTIFICATION IS
NECESSARY FOR SAFETY REASONS. ANY VESSEL MAY BE
EQUIPPED WITH A THEFT ALARM SIGNAL DEVICE IF SUCH
DEVICE IS SO DESIGNED THAT IT CANNOT BE USED AS AN
ORDINARY WARNING SIGNAL.
[(g)] (m) Any person who violates any
provision of subsection (a) [, (d), (e) or (f)] of
this section shall have committed an infraction.
Any person who violates the provisions of ANY
OTHER subsection [(b)] of this section or who
fails to comply with a request or direction of an
officer made pursuant to subsection [(c)] (e) of
this section shall be fined not less than one
hundred dollars nor more than five hundred
dollars.
Sec. 19. Notwithstanding the provisions of
section 25-71 of the general statutes, the
Commissioner of Environmental Protection shall
provide for the payment of not less than sixty per
cent of the total cost of the repair of the flood
and erosion control system for the Lake Phipps
area under the control of said commissioner in
West Haven. The commissioner shall enter into an
agreement with the town of West Haven and the lake
association for Lake Phipps under which the town
or the association shall bear all or part of the
remainder of such costs.
Sec. 20. The Brookfield Water Company, a
corporation incorporated under the laws of the
state of Connecticut on February 2, 1998, shall
continue to exist as a corporation with all the
rights, powers and duties set forth in its
Certificate of Incorporation and any amendment
thereto, and said corporation shall further have
and exercise all powers and privileges granted
herein, together with such other powers,
privileges and duties as may be granted to water
companies by the general statutes for the purpose
of supplying the town of Brookfield and the
inhabitants thereof with an abundant supply of
water for public, domestic and other use.
Sec. 21. Said corporation shall, in addition
to the powers and privileges referred to in
section 20 of this act, be further empowered and
authorized, as may be necessary or convenient for
conducting water to and distributing water within
the town of Brookfield: (1) To open public
streets, ways and grounds for purposes of
installing, maintaining, repairing and replacing
its mains, pipes and conduits and other works
useful for public water supply, provided that said
corporation shall have such streets, ways and
grounds in all respects in as good condition as
before the installation, maintenance, repair or
replacement of such mains, pipes, conduits and
other works; (2) to install, maintain, operate,
repair and replace its mains, pipes and conduits
and other works through, over and under public
streets, ways and grounds in said town of
Brookfield or the immediate vicinity of the town
of Brookfield; (3) to construct, repair and
maintain such reservoir or reservoirs or other
source or sources of water supply and structures
and facilities appurtenant thereto; (4) to
construct, repair and maintain any canals or
aqueducts and other works as may be useful for
public water supply; (5) to install fire hydrants;
and (6) to remove existing nuisances and prohibit
the erection of other nuisances upon such streams
as may be used by the corporation for water supply
purposes, provided nothing in sections 20 to 23,
inclusive, of this act shall authorize said
corporation to take the property or vested rights
of any other person without just compensation
therefor.
Sec. 22. Said corporation may take, hold and
use such lands, springs, streams or ponds or such
rights and interests therein as may be expedient
or necessary for the purposes of providing public
water supply to the town of Brookfield and its
inhabitants in accordance with sections 20 to 23,
inclusive, of this act, involving the preservation
of the purity of such water and the prevention of
any contamination thereof, provided, in all such
cases where the law shall require that
compensation be paid to any person whose rights,
interests or property have been or will be
injuriously affected by such taking, said
corporation may apply to the Superior Court and
such court after such notice as said court shall
deem sufficient, shall appoint a committee of
three disinterested persons who shall, after
reasonable notice to the parties, determine and
award the amount to be paid by said corporation on
account of such taking, which determination and
award shall be returned to the clerk of the
Superior Court, who shall, upon approval by the
court, record the same. The court's approval of an
award shall constitute a final judgment.
Sec. 23. Said town of Brookfield or any school
district or fire district within said town may
contract with said corporation for a supply of
water for use or protection of any property within
its limits and for other purposes and may assess
and collect a tax for such amounts as may be
required to meet liabilities under such contract
or contracts.
Sec. 24. Sections 20 to 23, inclusive, of this
act shall be valid and effective as an amendment
to the Certificate of Incorporation of the
Brookfield Water Company if, not later than one
year after its passage, it is accepted as a
meeting of the stockholders of said corporation
duly noticed for such purpose and only upon the
filing after such meeting of a certificate of
amendment in the office of the Secretary of the
State.
Sec. 25. This act shall take effect October 1,
1998, except that section 18 shall take effect
July 1, 1999.
Approved June 8, 1998